Updated: Wednesday May 04, 2016/AlArbia'a
Rajab 27, 1437/Budhavara
Vaisakha 14, 1938, at 04:13:46 AM
The Legal Practitioners and Bar Councils
Act, 1973
1ACT No. XXXV OF 1973
[22nd February, 1973]
An Act to repeal and, with certain
modifications, re-enact the law relating to legal practitioners and bar
councils.
WHEREAS it is expedient to
repeal and, with certain modifications, re-enact the law relating to legal
practitioners and bar councils and to provide for certain incidental and
ancillary matters;
It is hereby enacted as
follows:---
CHAPTER I
PRELIMINARY
1. Short title and
commencement.—(1) This
Act may be called the Legal Practitioners and Bar Councils Act, 1973. (2) It
shall come into force at once.
2[“1A. Overriding effect. The
provisions of this Act shall have effect notwithstanding anything inconsistent
therewith contained in any other law for the time being in force.”]
2. Definitions. In this Act, unless there is anything
repugnant in the subject or context,---
3[(a) “advocate” means an advocate entered in any roll
under the provisions of this Act;].
(b) "Bar Council" means a Bar Council constituted
under this Act;
(c) "common roll" means the common
roll of advocates of the High Court or, as the case may be, the common roll of
other advocates prepared and maintained by the Pakistan Bar Council under this
Act;
2* * * * * * *
(d) "High Court", in relation to a
Provincial Bar Council, means the High Court of the Province 4[or
Islamabad Capital Territory], as the case may be, for which that Council is
constituted;
1For Statement of Objects and Reasons,
see Gaz. of R, 1973., Ext., Part III, p. 186.
2Ins. and omitted by Act XII of 05, ss.
2-3.
3Subs. by the Legal Practitioners and Bar
Councils (Amdt.) Act, 1987 (8 of 1987), s. 2, which was amended by the Legal
Practitioners and
Bar Councils, (Amdt.) Ordinance, 1985 (16 of 1985), to read as
above.
4Subs. by Act V of 2014, s.3.
1[(da) “Islamabad Bar Council” means Islamabad Bar Council
for Islamabad Capital Territory Constituted under this Act.”]
2[(e) “legal practitioner” means an Advocate”]
3[(ee) “member”, in relation to a Bar Council,
does not include the Chairman thereof;]
(f) "Pakistan Bar Council" means the Bar
Council constituted for
(g) “Prescribed” means prescribed by rules
made under ; this Act;1
4[(h) “Provincial Bar Council”, in relation to a Province,
means the Provincial Bar Council constituted for that Province;]
(i) “Provincial roll” 4[and
Islamabad Bar Council roll] means a roll of advocates of the High Court or, as
the case may be, a roll of advocates prepared and maintained by a Provincial
Bar Council under this Act;
(j) “revenue office” includes all courts (other than civil
courts) trying suits Under any law for the time being in force relating to
landholders and their tenants or agents;
(k) “roll” means the roll of advocates maintained by a Bar
Council;
2[“(kk) “roll of group of districts” means a roll of
advocates of a High Court and a roll of the Advocates practicing in the
districts of the group, as mentioned in the Schedule, prepared and maintained
by a Provincial Bar Council;”]
(l) “subordinate court” means a court subordinate to the High
Court; (m) "tout" means a person—
(i) who procuress, in consideration of any remuneration moving
from any legal practitioner, the employment of the legal practitioner in any
legal business; or who proposes to any legal practitioner or to any person
interested in any legal business to procure, in consideration of any
remuneration moving from either of them, the employment of the legal
practitioner in such business; or
(ii) who, for the purposes of such procurement, frequents
the precincts of courts or of revenue offices, or railway stations, landing
stages, lodging places or other places of public resort;
1Ins. by Act V of 2014.
2Subs. and Ins. by Act XII of 05, s. 3.
3New clause (ee) ins. by the Legal
Practitioners and Bar Councils (Amdt.) Ordinance. 1978 (40 of 1978). s. 2.
4Subs. ibid., s. 2, for clause (h).
(n) "Tribunal", in relation to a Bar Council, means a
Tribunal constituted by it under this Act, 1[and]
2[“(o) “voter means”:-
(i) in relation to election to a Provincial Bar Council, an
advocate whose name for the time being appears on the roll of group of
districts and to whom an identity card has been issued by a Provincial Bar
Council and who is not in arrears of dues of the Provincial Bar Council for a
period exceeding six months; and
(ii) in relation to election to the Pakistan Bar Council,
a member of the concerned Provincial Bar Council.]
CHAPTER II
CONSTITUTION AND INCORPORATION OF BAR
COUNCILS.
3. Constitution and
incorporation of Bar Council.—(1) There shall be constituted in accordance with the provisions
of this Act,—
(i) a Bar Council for
3[(ii) a Bar Council for each Province to be known as the
Bar Council of the
Province concerned.]; 1[and]
1[(iii) Islamabad Bar Council for
(2) Every Bar Council shall
be a body corporate having perpetual succession and a common seal with power to
acquire and hold property, both movable and immovable, and to contract, and
shall by the name by which it is known sue and be sued.
4. Term of Bar
Council. 4[The] term of every Bar Council shall
be 5[five]
years beginning on the first day of January following the general elections to
the Provincial Bar Councils; and at the end of each term the members of the Bar
Council shall cease to hold office:
1[Provided that the next elections of the
Provincial Bar Councils shall be held between the 1st October, 2009 and the
31st of December, 2009 and the term of the next Provincial Bar Council shall
commence from the 1st January, 2010.”]
1Subs. omitted & added by Act V of
2014.
2Subs. and added by Act XII of 05, ss.
3-4.
3Subs. ibid., s. 3, for clauses (ii) and
(iii).
4Subs. by the Legal Practitioners and Bar
Councils (Amdt.) Ordinance, 1982 (17 of 1982), s. 2.
5Subs. ibid., for "four".
CHAPTER III
PROVINCIAL BAR COUNCILS
5. Composition of
Provincial Bar Council.—(1)
Each Provincial Bar Council shall consist 1[of]
2[(a) the Advocate-General of the
Province, ex-officio; and]
4[“(2) The number of members to be elected
to the Provincial Bar Council shall be as follows:-
(a) Punjab Bar Council … 75
Sindh Bar Council … 33
N.W.F.P. Bar Council … 28
Balochistan Bar Council … 07; and
(b) the district-wise allocation of seats referred to in clause
(a) for respective Provincial Bar Councils shall be in accordance with the
Schedule annexed hereto.”]
4[“(2A) for the purpose of election of
members of a Provincial Bar Council from a district or districts under
sub-section (2) the advocates entered on the roll of group of districts as
mentioned in the Schedule annexed hereto, shall constitute the electoral
college”.]
(4) At an election of the
members of a Provincial Bar Council an advocate shall have as many votes as the
number of members to be elected 5[from
the 6[District
or as the case may be, the group of districts] concerned].
7[(5) A member may resign his office by
writing under his hand addressed to the Chairman of the Council.
8* * * * * * *
1Subs, by the Legal Practitioners and Bar
Councils (Amdt.) Ordinance, 1978 (40 of 1978), s. 4 for comma.
2Subs, ibid, for the. original clause
(a).
3The Word “other" omitted ibid,
4Subs. by Act XII of 05, s. 5.
5Ins. and added, ibid.,
6Omitted and subs. by Act XII of 05, s.
5.
7New sub-sections (5) and (6) added by
Ord. 40 of 1978, s. 4.
8Sub-section (6) omitted by Ord., 17 of
1982, s. 3.
Explanation.—If any question arises whether an
advocate is or is not, for the purposes of this section, practising generally
in a district, it shall be referred to the Advocate-General for the Province
concerned, 1[or
Islamabad Capital Territory] whose decision thereon shall be final.
2[5A. Qualification for membership of a
Provincial Bar Council. A person shall be qualified to be elected as a
member of a Provincial Bar Council if he—
3[“(a) is on the roll of advocates of High Court maintained
by the Provincial Bar Council;
(b) has, on the day of filing of the nomination paper, been an
advocate for not less than 3[ten]
years; and
(c) has cleared all the dues payable by him to the Provincial
Bar Council;
1[Provided that for the first election of
Islamabad Bar Council, the qualification required for a candidate for Pujab Bar
Council shall apply to the candidate to be elected for Islamabad Bar Council.]
5B. Disqualifications
for membership of a Provincial Bar Council. A person shall be disqualified to be
elected as a member of a Provincial Bar Council if he,---
(a) was dismissed or removed from the service of Government or
of a public statutory corporation; or
(b) has been convicted for an offence involving moral turpitude;
or
(c) has been found guilty of professional misconduct; or
(d) has been declared a tout; or
(e) is an undischarged insolvent.
5C. Cessation of
membership of Provincial Bar Council. A member of a Provincial Bar Council shall cease to be such
member if he—
(a) is appointed to an office of profit in the
service of
(b) is suspended or removed from practice under the provisions
of Chapter VII; or
(c) incurs any of the disqualifications specified in section
5B.].
6. Chairman and
Vice-chairman of Provincial Bar Council.—(1) There shall be a Chairman and a Vice-Chairman of each
Provincial Bar Council.
4[(2) The Advocate-General for a
Province 1[or
Islamabad Capital Territory]shall be the Chairman of the Provincial Bar Council
for that Province 1[or
Islamabad Capital Territory as the case may be].
1Ins, subs & added by Act V of 2014,
ss. 5 &6.
2Sections 5-A, 5-B and 5-C, ins., by the Legal
Practitioners and Bar Councils (Amdt.) Ordinance, 1982 (17 of 1982), s. 4.
3Subs. by Act XII of 05, s. 6.
4Subs. by the Legal Practitioners and Bar
Councils (Amdt.) Ordinance, 1978 (40 of 1978), ss. 4, and 5, for sub-section
(2).
(2A) If a member of a
Provincial Bar Council is appointed as the Attorney-General for
(3) The Vice-Chairman of
each Provincial Bar Council shall be elected in the prescribed manner by the
members of that Council from amongst themselves.
(4) Subject to the
provisions of sub-section (8), the election of the Vice-Chairman shall be held
as soon as may be after the commencement of every year and in any case not
later than the thirty-first day of January.
(5) Subject to the
provisions of sub-sections (6) and (7), the Vice-Chairman shall hold office2[until
his successor enters upon , his office].
(6) A Vice-Chairman may
resign his office by writing under his hand addressed to the Chairman.
(7) A Vice-Chairman shall
cease to hold his office if he is appointed to an office of profit in the
service of
(8) Where the office of a
Vice-Chairman becomes vacant, an election to the vacant office shall be held
within thirty days of the office becoming vacant.
(9) The Chairman and
Vice-Chairman shall have such powers and functions as may be prescribed.
7. Time of holding
elections to a Provincial Bar Council. Election to a Provincial Bar Council shall be held so to
conclude on or before the thirtieth day of November in the year in which the
term of the Provincial Bar Council expires:
Provided that—
(a) elections to the first Provincial Bar Councils to be
constituted under this Act shall be held so as to conclude; and
(b) the first Provincial Bar Councils to be constituted under
this Act shall be constituted, on such day as the Federal Government may, by
notification in the official Gazette, specify.
(a) elections to the first Islamabad Bar Council to be
constituted under this Act shall be held so as to conclude; and
(b) the first Islamabad Bar Council to be constituted under this
Act shall be constituted, on such day as the Federal Government may, by
notification in the official Gazette, specify.].
8. Election to
Provincial Bar Council not to be questioned on certain grounds. No election of a member to a Provincial
Bar Council shall be called in question on the ground merely that due notice
thereof has not been given to any person entitled to vote thereat, if notice of
the date has, not less than thirty days before that dale, been published in the
official Gazette.
1Ins, subs & added by Act V of 2014.
2Subs, by the Legal Practitioners and Bar
Councils (Amdt.) Ordinance, 1982 (17 of 1982), s. 5.
9. Functions of a
Provincial Bar Council.—(1)
Subject to the provisions of this Act and the rules made thereunder, the
functions of a Provincial Bar Council shall be—
(a) to admit persons as advocates on its roll;
to hold examinations for purposes of admission; to prepare and maintain a roll
of such advocates 1[of
the Province 2[or
Islamabad Capital Territory] as well as of each3[District]]; 4[and
to remove advocates from such roll];
(b) to admit persons as advocates entitled to practice before
the High Court and to prepare and maintain a roll of such advocates;
(c) to entertain and determine cases of misconduct against
advocates on its rolls and to order punishment in such cases;
(d) to safeguard the rights, privileges and interests of advocates
on its rolls, including initiation of measures for fair and inexpensive
dispensation of justice by the subordinate courts and tribunals;
(e) to promote and suggest law reform;
(f) to manage and administer the property and
funds of the Provincial Bar Council and to invest any of its funds;
(g) to conduct the election of its members;
5[(h) to prescribe conditions for the recognition and
functioning of, and to recognise and derecognise, Bar Associations;]
(i) to perform all other functions conferred on it by or under
this Act 2[and
to comply with the directions given to it by the Pakistan Bar Council from time
to time]; and
(j) to do all other things necessary for discharging the
aforesaid functions.
(2) A Provincial Bar
Council may, in accordance with the rules framed by it, and within the limits
of the funds at its disposal for that purpose, make free legal aid available to
indigent litigants.
1Ins. by the Legal Practitioners and Bar
Councils (Amdt.) Ordinance. 1978 (40 of 1978), s. 6.
2Ins. by Act V of 2014.
3Omitted by Ord. LXIX of 07, s. 2.
4Ins. by Ord. VIII of 08, s. 2 (valid up
to 3-3-09) , Permanence lifted by Supreme Court on 31-07-2009 Article 270-AAA
of the Constitution undone.
5Subs. and ins. by the Legal
Practitioners and Bar Councils (Amdt.) Ordinance, 1982 (17 of 1982), s. 6.
10. Committees of Provincial
Bar Council.—(1) A
Provincial Bar Council shall constitute the following standing committees,
namely:—
(a) an executive committee consisting of a
Chairman and not more than five other members, to be elected by the Council
from amongst its members; *1
2[(aa) a disciplinary committee consisting of not
more than five members to be elected by the Council from amongst its members;
and]
(b) one or more enrolment committees, each
consisting of a Judge of the High Court for the Province 2[or
the Islamabad Capital Territory as the case may be] 1*
* * nominated by the Chief Justice of that High Court, who shall be its
Chairman, and two other members elected by the Council from amongst its
members.
(2) Each of the aforesaid
committees shall have such powers and functions as may be prescribed.
(3) A Provincial Bar
Council may constitute from amongst its members such other committees as it may
deem necessary for the performance of its functions under this Act, and may
authorise any such committee to co-opt as its members any other persons, not
exceeding such number as the Council may determine.
(4) The Chairman of every committee
shall be entitled to vote and, in case of equality of votes among the members
of the committee, shall have a second vote.
CHAPTER IV
THE PAKISTAN BAR COUNCIL
11. Composition of
Pakistan Bar Council.-3[(1)The
Pakistan Bar Council shall consist of the Attorney General for Pakistan, ex-officio and 2[twenty
three] members, who shall be elected on the basis of a single transferable vote
by the members of the Provincial Bar Councils as hereinafter specified—
|
5* * * * * * *
1Omitted and ins. by the Legal
Practitioners and Bar Councils (Amdt.) Ordinance. 1982 (17 of 1982), s. 7.
2Ins, subs & added Act V of 2014.
3Subs, by the Legal Practitioners and Bar
Councils (Amdt.) Ordinance, 1982 (17 of 1982), s. 8.
4Subs. and Ins. by Act XII of 05, s. 8.
5Omitted by the Legal Practitioners and
Bar Councils (Amdt.) Act, 1987 (8 of 1987; s. 3.
1[“(1A) The members of Pakistan Bar Council
shall be elected by single transferable vote from each province2[
(2) A member of a Provincial
Bar Council who is elected to be a member of the Pakistan Bar Council
shall 3*
* * cease to be a member of the Provincial Bar Council.
4[(3) No election of a member to the
Pakistan Bar Council shall be called in question on the ground merely that due
notice thereof has not been given to any person entitled to vote thereat, if
the notice of the date has, not less than thirty days before that date, been
published in the official Gazette.]
5[(4) A member may resign his office by
writing under his hand addressed to the Chairman of the Council.
6* * * * * * *
7[11A. Qualifications for membership of
(a) is on the roll of advocates of the Supreme Court maintained
by the Pakistann Bar Council;
(b) has, on the day of the filing of the
nomination paper, been an advocate for not less than 1[fifteen] years; and
(c) has cleared all the dues payable by him to the Pakistan Bar
Council.
11B. Disqualifications for membership of
(a) was dismissed or removed from the service of Government or
of a public statutory corporation; or
(b) has been convicted for an offence involving moral turpitude;
or
(c) has been found guilty of professional
misconduct; or
(d) has been declared a tout; or
(e) is an undischarged insolvent.
1Subs. and Ins. by Act XII of 05, s. 8.
2Ins. by Act V of 2014.
3The words "not, by reason of such
election" omitted by the Legal Practitioners and Bar Councils (Amdt.)
Ordinance, 1978 (40 of 1978), s.7.
4New sub-section (3) added by the Legal
Practitioners and Bar Councils (Amdt.) Act, 1973 (36 of 1973), s. 3.
5New sub-sections (4) and (5) added by Ord.
40 of 1978, s. 7.
6Omitted by Ord. 17 of 1982, s. 8:
7Ins. ibid., s. 9.
11C. Cessation of membership of
(a) is appointed to an office of profit in the service of
(b) is suspended or removed from practice under the provisions
of Chapter VII; or
(c) incurs any of the disqualifications specified in section
11B.].
12. Chairman and
Vice-chairman of the
1[(1A) If a member of the Pakistan Bar
Council is appointed as the Attorney-General for
(2) There shall be a
Vice-Chairman of the Pakistan Bar Council who shall be elected in the
prescribed manner by the members of that Council from amongst themselves.
(3) Subject to the
provisions of sub-section (7), the election of the Vice-Chairman shall be held
as soon as may be after the commencement of every year and in any case not
later than the thrity-first day of January.
(4) Subject to the
provisions of sub-sections (5) and (6), the Vice-Chairman shall hold
office 3[until
his successor enters upon his office].
(5) A Vice-Chairman may
resign his office by writing under his hand addressed to the Chairman.
(6) A Vice-Chairman shall
vacate his office if he is appointed to an office of profit in the service of
(7) Where the office of a
Vice-Chairman becomes vacant, an election to the vacant office shall be held in
the manner prescribed under sub-section (2), within thirty days of the office
becoming vacant.
(8) The Chairman and the
Vice-Chairman shall have such powers and functions as may be prescribed.
4[13. Functions of the
(a) to prepare and maintain a common roll of
advocates;
5[(b) to admit persons as advocates entitled to. practise
before the Supreme Court and to prepare and maintain a roll of such advocates
and to remove advocates from such roll;
1New sub-section (1A) ins. by the Legal
Practitioners and Bar Councils (Amdt.) Ordinance, 1978 (40 of 1978), s. 8.
2Ins. by Act V of 2014.
3Subs, by the Legal Practitioners and Bar
Councils (Amdt.) Ordinance, 1982 (17 of 1982), s, 10.
4Re-numbered, ibid, s. 11.
5Added by the Legal Practitioners and Bar
Councils (Amdt.) Act, 1987 (8 of 1987), s. 4, which had been previously omitted
by the Legal
Practitioners and Bar Councils (Amdt.) Ordinance, 1985 (16 of
1985), s. 3. to read as above.
1[“(c) to entertain and determine cases of misconduct
against advocates of the Supreme Court and to award punishment in such cases;]
(d) to lay down standards of professional conduct and etiquette
for advocates;
(e) to lay down the procedure to be followed by its committees
;
(f) to safeguard the rights, privileges and interests of
advocates, including initiation of measures for fair and inexpensive
dispensation of justice by the subordinate courts and tribunals;
(g) to promote and suggest law reform;
(h) to deal with and dispose of, and to tender advice in
relation to, any matter arising under this Act which may be referred to it by a
Provincial Bar Council;
(i) to exercise general control and supervision over the
Provincial Bar Councils 2[and
to issue directions to them from time to time.]
(j) to promote legal education and prescribe
standards of such education in consultation with the universities in
(k) to recognize universities whose degree in
law shall be a qualification for enrolment as an advocate;
(l) to manage and administer the property and
funds of the Pakistan Bar Council, and to invest any of its funds;
3[(la) to provide free legal aid;
(lb) to hold conferences, seminars, moots, lectures,
jurists' conferences and other meetings for promoting legal knowledge and
learning in the legal profession;
(lc) to prescribe conditions for the recognition and
functioning of, and to recognise and derecognise, the Supreme Court, Bar
Association or any Bar Association at the national level;
(ld) to give directions in accordance with the provisions
of this Act to the Provincial Bar Councils in respect of the recognition,
derecognition and functioning of Bar Association;];
(m) to perform all other functions conferred on it by or under
this Act;
(n) to do all other things necessary for
discharging the aforesaid functions.
1Ins. by Ord. VIII of 08, s. 4 (valid up
to 03-03-09)
2Added by the Legal Practitioners and Bar
Councils (Amdt.) Ordinance, 1982 (17 of 1982), s. 11.
3Ins. ibid..
1[(2) Any person aggrieved by an order or
decision of a Provincial Bar Council 2[Islamabad
Bar Council], the Supreme Court Bar Association or a Bar Association at the
national level may, within thirty days of such order or decision, prefer an
appeal to the Pakistan Bar Council, whose decision in such appeal shall be
final.]
3[(3) The provisions of sections 5 and 12
of the Limitation Act, 1908 (IX of 1908), shall apply to appeals under sub-section
(2).]
14. The first
15. Committees of the
1[“(a) a disciplinary committee consisting of a Judge of the
Supreme Court nominated by the Chief Justice of Pakistan, who shall be its
Chairman, and four other members elected by the Council from amongst its
members:
Provided that the Attorney-General for
(b) an executive committee consisting of seven
members elected by the Council from amongst its members; and
(c) an enrolment committee consisting of a
Judge of the Supreme Court nominated by the Chief Justice; of
(2) The Pakistan Bar
Council may constitute from amongst its members such other committees,
including a legal education committee, as it may deem necessary for the performance
of its functions under this Act, and may authorise any such committee to co-opt
as its members any other persons, not exceeding such number as the Council may
determine.
(3) The Chairman of every
committee shall be entitled to vote and, in case of equality of votes among the
members of the committee, shall have a second vote.
CHAPTER V
GENERAL PROVISIONS RELATING TO BAR COUNCILS
16. Filling of casual
vacancies. If the
seat of a member of a Bar Council becomes vacant during the term of office of
the Council—
4[(a) In the case of the Pakistan Bar Council,
the vacancy shall be filled by the person who received in the last elections
from the same province the highest number of single transferable votes next
after the member, the vacancy in whose seat is to be filled or if there be no
such person then the vacancy shall be filled by a person elected in accordance
with the provisions of section 11;”]
1Subs. and Ins. by Ord. VIII of 08, ss.
4-5 (valid up to 3-3-09)
2Ins. by Act V of 2014.
3Subs. ibid,.
4Subs. by Act XII of 05, s. 10.
(b) in the case of a Provincial Bar Council, 1[or
Islamabad Capital Territory as the case may be] the vacancy shall be filled by
the person who received, in the same election and from the same district or, as
the case may be, group of districts, the highest number of votes next after the
member The vacancy in whose seat is to be filled, or if there be no such
person, by a person eligible for election to that Council from the same
district or, as the case may be, group of districts who is co-opted by the
Provincial Bar Council 1[or
Islamabad Capital Territory as the case may be].
17. Funds of Bar
Councils.—(1) All sums
received by a Provincial Bar Councils as enrolment fees or as grants, donations
or subscriptions shall form part of the fund of that Council and that fund,
subject to the provisions of sub-section (2), shall be managed, administered
and utilized in such manner as may be prescribed.
2[(2) Every person applying for enrolment
as an advocate or an advocate of the High Court shall pay one-third of the
prescribed fee to the Pakistan Bar Council and the balance to the Provincial
Bar Council concerned 1[or
Islamabad Capital Territory as the case may be], in such manner as may
prescribed by the Pakistan Bar Council.].
(3) All sums received by
the Pakistan Bar Council under subsection (2) or as enrolment fees, grants,
donations, or subscriptions shall form part of the fund of that Council and
that fund shall be managed, administered and utilized in such manner as may be
prescribed.
18. Accounts and audit.—(1) Every Bar Council shall cause to be
maintained such books of accounts and other books in such form and in such
manner as may be prescribed.
(2) The accounts of a Bar
Council shall be audited by an auditor who is a chartered accountant within the
meaning of the Chartered Accountants Ordinance, 1961 (X of 1961), at such times
and in such manner as may be prescribed.
(3) As soon as the accounts
of a Provincial Bar Council have been audited, that Bar Council shall send a
copy of such accounts, together with a copy of the report of the auditor
thereon, to the Pakistan Bar Council.
19. Vacancies in Bar
Councils etc., not to invalidate action taken. No act done by a Bar Council or any
Tribunal or committee thereof shall be called in question on the ground merely
of the existence of any vacancy in, or any defect in the constitution of, such
Council, Tribunal or committee.
20. Indemnity. No suit or other legal proceedings shall
lie against any Bar Council or any committee, Tribunal, member, officer or
servant of the Bar Council for any act in good faith done or intended to be
done in pursuance of the provisions of this Act or the rules made thereunder.
1Ins. by Act V of 2014.
2Subs, by the "Legal Practitioners
and Bar Council (Amdt.) Ordinance 1982 (17 of 1982), s.13, This sub-section was
previously amended by Ord. 40 of 1978, s. 9, to read as above.
CHAPTER VI
ADVOCATES, THEIR ENROLMENT, RIGHT TO PRACTISE, SENIORITY, PRE- AUDIENCE, ETC.
21. Classes of
advocates. There
shall be the following four classes of advocates, namely:—
(a) senior Advocates of the Supreme Court;
(b) advocates of the Supreme Court 1[including Advocate on
record];
(c) advocates of the High Court; and
(d) other advocates.
22. Rights of advocates
to practice.—(1) Save as
otherwise provided in this Act, no person shall be entitled to practise the
profession of law unless he is an advocate.
1[(2) Subject to the provisions of this Act
and the Rules made thereunder,---
(a) an advocate of the Supreme Court shall be entitled as of
right to practice throughout
(b) an advocate of the High Court shall be entitled as of right
to practice throughout Pakistan and to appear, act and plead before any Court
or Tribunal or any Judicial authority in Pakistan except the Supreme Court; and
(c) any other advocate shall be entitled as of
right to practice throughout the Province 2[and
Islamabad Capital Territory] where he is enrolled to appear, act and plead
before any court or tribunal or any Judicial authority in such Province other
than the High Court.”]
(2A) Where rules have been
made by any High Court regulating the conditions subject to which advocates of
other High Courts may be permitted to practice in the High Court, such
advocates shall not be entitled to practice therein otherwise than subject to
such conditions.
(3) No advocate shall
appear or act for any person in any court or tribunal unless he has been
appointed for the purpose by such person by a document in writing signed by
such person or his recognized agent or some other person duly authorised by him
to make such appointment, and such document has been filed in such court or
tribunal:---
Provided that nothing in this
sub-section shall apply to,---
(a) a Public Prosecutor or any advocate appointed by the State;
or
(b) an advocate when appearing on behalf of another advocate, if
the advocate so appearing has filed a memo of appearance:---
1Added and Subs by Act XII of 05, ss
2Ins. by Act V of 2014.
Provided further that an
advocate may be allowed to appear for an accused in custody on his undertaking
to file the document required under this sub-section.
1[23. Roll of advocates of the Supreme
Court. The Pakistan Bar Council shall prepare and maintain a roll of
advocates of the Supreme Court in which shall be entered the names of all
persons who are senior advocates or advocates including advocates-on-record,
entitled to practice in the Supreme Court.”]
2[24. Admission and enrolment of
advocates of the High Court.— 1[Each
Provincial Bar Council shall prepare and maintain 3[for
the Province 4[and
Islamabad Capital Territory] and each 1[District]
in the Province two separate rolls] of advocates of the High Court in which
shall be entered the names of—
(a) all persons who were, as advocates,
entitled to practice in the High Court immediately before the commencement of
this Act; and
(b) all persons who are admitted as advocates of the High Court
under the provisions of this Act.
5* * * * * * *
6[25. Admission and enrolment of other
advocates.—(1)] Each Provincial Bar Council shall, besides the 7[rolls] of
advocates to be prepared and maintained by it under section 24, prepare and
maintain 8[for the province and each Division in the Province two separate
rolls] of advocates in which shall be entered the names of,---
(a) all persons who were, as advocates, entitled to practise in
any court subordinate to the High Court immediately before the commencement of
this Act; and
(b) all persons who are admitted as advocates under the
provisions of this Act.
5* * * * * * *
26. Persons qualified
for admission as advocates. 9[* * *] Subject to the provisions of this
Act and the rules made thereunder, a person shall be qualified to be admitted
as an advocate if he fulfils the following conditions, namely:---
(a) he is a citizen of
Provided that, subject to the other
provisions of this Act, a national of any other country 9[who has resided in
1Subs. and Omitted by Act XII of 05, s.
15.
2Section 24 was re-numbered as
sub-section (1) of that section by the Legal Practitioners and Bar Councils
(Amdt.) Ord. 1978 (40 of
1978). s. 10.
3Subs., ibid., for "a roll".
4Ins, Subs by Act V of 2014.
5Omitted by the Federal Laws (Revision
and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch., II.
6Section 25 was re-numbered as
sub-section (1) of that section by Ordinance. 1978 (40 of 1978), s. 11.
7Subs. ibid., for "roll".
8 lns. by the Legal Practitioners
and Bar Councils (Amdt.), Act, 1976 (16 of 1976), s. 2.
9Omitted by Act XII of 05, s. 15.
year immediately preceding the day on
which he applies for admission] may be admitted as an advocate if citizens of
(b) he has completed the age of twenty-one
years;
(c) he is a Barrister or is or was enrolled as an advocate of a
High Court in any area which before the fourteenth day of August, 1947, was
comprised within India as defined by the Government of India Act, 1935 (26 Geo
5, c 2) or has obtained—
(i) before the 7th day of February, 1966, a
degree in law from any university in
(ii) before the fourteenth day of August, 1947, a degree in law
from any university in any area which was comprised before that date whithin
India as defined by the Government of India Act, 1935 (26 Geo 5, c 2), or
1[(iii) a degree in law from a university in
(d) he has undergone such course of training
and passed such examination after the training as may be prescribed by the
Pakistan Bar Council:
Provided that this clause shall not apply
to any class of persons who, by reason of their legal training or experience,
are declared by the Pakistan Bar Council to be exempt from the provisions of
this clause; and
(e) he has paid such enrolment fee and fulfils
such other conditions as may be prescribed by the Pakistan Bar Council.
1* * * * * * *
27. Persons qualified
for admission as advocates of a High Court. Subject to the provisions of this Act and the rules
made thereunder, a person shall be qualified to be admitted as an advocate of a
High Court if he fulfils the following conditions, namely:---
(a) he has practised as an advocate, vakil or
pleader before subordinate courts in
(b) he has practised outside Pakistan as an advocate
before any High Court specified in this behalf by the Pakistan Bar Council; or
(c) he has, for reason of his legal training
or experience, been exempted by the Provincial Bar Council, with the previous
approval of the High Court, from the requirements of clause (a) and clause
(b); and
(d) he has paid such enrolment fee and fulfils
such other conditions as may be prescribed by the Pakistan Bar Council.
1Subs. and omitted by Act XII of 05, s.
15.
1[28. Persons qualified for admission as
advocates of the Supreme Court. Subject to the provisions of this Act
and the rules made thereunder, a person shall be qualified to be admitted as a
senior advocate and an advocate of the Supreme Court including an advocate-
on-record if he fulfils such conditions as may be laid down in this behalf from
time to time by the Rules of Pakistan Bar Council and has paid such enrolment
fee or other dues as may be prescribed by that Council.
28A. Person disqualified to be enrolled as advocate. A person shall be disqualified from being
admitted as an advocate of any court if-
(a) he was dismissed or removed from service
of Government or of a public statutory corporation on a charge involving
misconduct or moral turpitude; or
(b) he has been convicted for an offence involving moral
turpitude by a court; or
(c) he has been declared a tout and such declaration has not
been withdrawn.]
29. Eligibility of women
for admission. No
woman shall be disqualified for admission as an advocate for reason only of her
sex.
30. Authority to whom
applications for enrolment may be made. An application for admission as an advocate, other than an
advocate of the Supreme Court, shall be made in the prescribed form to the
Provincial Bar Council within whose jurisdiction the applicant proposes to
practice generally 2[; and an application for admission as an advocate of the
Supreme Court shall be made in the prescribed form to the Pakistan Bar
Council].
31. Disposal of
applications for admission as an advocate.—(1) All applications for admission as an advocate received
by a Bar Council shall be referred to its enrolment committee.
(2) The enrolment committee
may either grant the application or return it to the Bar Council recording its
reasons for not granting the application.
(3) Where any application
is returned to a Bar Council under sub-section (2), the Bar Council may, after
considering the reasons recorded by the enrolment committee, either grant or
reject the application.
32. Appeal against order
of rejection. Where
any application for admission as an advocate is rejected by a Provincial Bar
Council, the applicant may, within such period and in such manner as may be
prescribed, appeal to the enrolment committee of the Pakistan Bar Council; and
the decision of that committee on such appeal shall be final.
33. No applicant
rejected by one Provincial Bar Council to be enrolled by another such
Council. Where a
Provincial Bar Council has 3[or
Islamabad Bar Council as the case may be] rejected the application of any person
for admission as an advocate,---
(a) it shall circulate to all the other Provincial Bar
Councils 3[or
Islamabad Bar Council as the case may be] the name of such person together with
the reasons for the rejection of his application;
1Subs. and added by Act XII of 05, ss.
16-17.
2Added ibid., s. 10, which was previously
omitted by Old. No.16 of 1985. s. 8.
3Ins. by Act V of 2014.
(b) no other Provincial Bar Council shall entertain an
application for admission of such person as an advocate except with the
previous consent in writing of the Provincial Bar Council which rejected the
application.
34. Payment of fees.—(1) The Pakistan Bar Council may
prescribe the following fees, namely :—
(a) fee for enrolment as an advocate or an advocate of the High
Court, which shall be fixed after consultation with the High Court, to be paid
to the Provincial Bar Council 1[and
the Pakistan Bar Council in accordance with sub-section (2) of section 17];
2[(b) fee for enrolment as an advocate of the
Supreme Court, which shall be fixed after consultation with the Supreme Court,
to be paid to the Pakistan Bar Council; and]
(c) annual fee payable by advocates to the Bar
Council on whose roll their names are entered:
Provided that no person
whose name is entered on the roll under clause (a) of section 25, clause (a) of
section 242[or
clause (a) of section 23] as an advocate, an advocate of the High Court 2[or
an advocate of the Supreme Court] shall be required to pay the fee for enrolment
as such advocate.
(2) The fee referred to in
clause (a) 2[or
clause (b)] of subsection (1) may be paid in such instalments, if any, as may
be prescribed.
(3) The annual fee referred
to in clause (c) of sub-section (1) shall be paid by such date as may be
prescribed.
(4) If an advocate fails to
pay an instalment of fee or the annual fee payable by him by the prescribed
date he shall be liable to pay such further fee for late payment as may be
prescribed:
Provided that, if he fails
to pay such instalment or fee within a period of six months following the date
on which it becomes due, he shall by notice be asked to show cause why his name
be not struck off the roll of advocates and if the explanation is
unsatisfactory his name shall be struck off the roll of advocates and shall not
be restored except upon payment of the instalment or fee due and such penalty
not exceeding the amount of such instalment or fee as may be prescribed, unless
the enrolment committee, having regard to the circumstances of the case,
exempts any person from the payment of such penalty.
1Added by the Legal Practitioners and Bar
Councils (Amdt.) Ordinance, 1982 (17 of 1982), s. 14.
2Ins. by the Legal Practitioners and Bar
Councils (Amdt.) Act, 1987 (8 of 1987), s. 11, which was omitted by the Legal
Practitioners and Bar Councils (Amdt.) Ordinance, I98S (16 of 1985) s. 9, to
read as above.
35. Order in which names
shall be entered in the roll.—(1) Entries in the roll shall be made in the order of seniority
and such seniority shall be determined as follows namely:—
(a) all such persons as are referred to in 1[clause
(a) of section 23,] clause (a) Of section 24 or clause (a) of section 25 shall
be entered first in the order in which they were respectively entitled to
seniority inter se immediately before the commencement of this Act; and
(b) the seniority of any other person admitted, after that date,
to be an advocate or an advocate of the High Court 1[or an advocate of the
Supreme Court] shall be determined by the date of his admission :
Provided that, for the
purposes of clause (b), the seniority of a person who, before his admission as
an advocate, was entitled as of right to practise in any other High Court shall
be determined by the date on which he became so entitled.
(2) Where the date of
seniority of two or more persons is the same, the one senior in age shall rank
as senior to the other.
36. Certificate of
enrolment. A Bar
Council shall issue a certificate of enrolment in the prescribed form to every
person enrolled under section [31]2.
37. Copy of roll to be
kept with 3[Supreme Court and High Court]—2[(1)
The Pakistan Bar Council shall send to the Supreme Court an authenticated copy
of the roll as prepared under section 23 and shall thereafter communicate to
the Supreme Court all alterations in, and additions to, the roll as soon as the
same have been made.]
(2) The Provincial Bar
Council shall send to the High Court a copy of the rolls as prepared under
section 24 and section 25 and shall thereafter communicate to the High Court
all alterations in, and additions to, any such roll as soon as the same have
been made.
38. Copies of rolls to
be sent to Pakistan Bar Council. Each Provincial Bar Council shall send to the Pakistan Bar Council
an authenticated copy of the roll of advocates of the High Court and the roll
of the other advocates prepared by it for the first time under this Act and
shall thereafter communicate to the Pakistan Bar Council all alterations in,
and additions to, any such roll as soon as the same have been made.
39. Common roll of
advocates.—(1) The
Pakistan Bar Council shall prepare and maintain a common roll of advocates of
the High Court and a common roll of the other advocates which shall comprise
the entries made in all the Provincial rolls 4[and
Islamabad Bar Council roll] of the advocates of the High Court or, as the case
may be, of the other advocates.
(2) Entries in the common
roll shall be in the order of seniority which shall be determined in accordance
with the principles laid down in section 35.
1Ins. by the Legal Practitioners and Bar
Councils (Amdt.) Act, 1987 (8 of 1987). s. 12, which was previously omitted by Ord.
16 of 1985, s. 10.
2Subs. and added by Act XII of 05, ss.
18-19.
3Ins. by the Legal Practitioners and Bar
Councils (Amdt.) Act, 1987 (8 of 1987) s. 13, which was previously omitted by
Ord. 16 of 1985. s. II.
4Ins. by Act V of 2014.
1[39A. Cessation to practice as an
advocate. Any advocate who incurs any of the disqualifications
enumerated in Section 28A shall cease to be an advocate and his name shall be
removed from the concerned roll of the advocates.
39B. Powers of
disciplinary Committee. If any person referred to in Section 39A, practices in
contravention of this Act or the Rules made thereunder then-
(a) in case of a senior advocate of the Supreme Court or
advocate of the Supreme Court including an advocate-on-record, the disciplinary
Committee of the Pakistan Bar Council; and
(b) in case of any other advocate, the disciplinary Committee of a
Provincial Bar Council,
may of its own motion or otherwise take cognizance thereof and
proceed against him under this Chapter for such disciplinary action as is
provided by law, in addition to criminal prosecution of such person under
Section 58 of this Act.
39C. Provisions of
Sections 39A and 39B to apply. The provisions of Sections 39 A and 39B shall apply mutatis
mutandis to an advocate who contravenes any provision of this Act or the Rules
made thereunder.]
40. Right of
preaudience.—(1) The
Attorney-General for
(2) Subject to sub-section
(1), the Advocate-General of a Province 2[or
(3) The right of
pre-audience among other advocates shall be determined by their seniority inter
se.
3[CHAPTER VII CONDUCT OF ADVOCATES
4[41. Punishment of advocates for
misconduct.-(1) An advocate may, in the manner hereinafter provided, be
reprimanded, suspended, removed from practice or be made to pay such amount of
compensation, fine or penalty as may be ordered if he is found guilty of
professional or other misconduct.
(2) A complaint that an
advocate has been guilty of misconduct may be made by any Court or person-
(a) in the case of an advocate of the Supreme Court to the
Pakistan Bar Council; and
(b) in any other case, to the Provincial Bar Council [Islamabad Bar
Council as the case may be].
1Subs. and added by Act XII of 05, ss.
18-19.
2Ins. by Act V of 2014.
3Subs. by the Legal Practitioners and Bar
Councils (Amdt.) Act, 1987 (8 of 1987), s. 14. This chapter has previously been
amended by Ord. 16 of 1985, s. 13, to read as above.
4Subs. and Ins. by VIII of 08, ss. 6-8
(valid up to 3-3-09).
(3) Every complaint against
an advocate made under sub-section (2), except where the complaint has been
made by a Court, shall be accompanied by such fee as may be prescribed by the
Pakistan Bar Council from time to time; and
(4) Upon receipt of a
complaint under sub-section (2) against any advocate, the disciplinary
committee of the Bar Council may, unless it summarily rejects the complaint,
after making such inquiry and giving the parties such opportunity of being
heard as it may consider necessary either reject the complaint or refer the
same to a Tribunal for decision;
Provided that the
disciplinary committee shall not summarily reject a complaint made by the
Supreme Court or a High Court;
2[ “Provided further that if the
disciplinary committee while referring the matter to the Tribunal is of the
opinion that the advocate has committed an act of grave indiscipline or grave
professional misconduct and his immediate suspension from practice is expedient
or necessary in the interest of administration of justice, it may suspend him
for the maximum period of three months and in such a case the Tribunal shall
decide the complaint within a period of three months after receipt of reference
from the disciplinary committee.
(4A) If a Bar Council has
reason to believe that an advocate has been guilty of professional or other
misconduct it may of its own motion refer the case to its disciplinary
committee.
(5) Any person whose
complaint is rejected by the disciplinary committee under sub- section (4) may
within thirty days of the day on which the order of the committee is
communicated to him, prefer an appeal to the Tribunal, whose decision in such
appeal shall be final.
42. Tribunals of Bar
Councils.- (1) The
Pakistan Bar Council may constitute one or more Tribunals each consisting of
two of its members elected by it for the purpose and a Judge of the Supreme
Court nominated by the Chief Justice of Pakistan, who shall be the Chairman.
(2) A Provincial Bar
Council may 1[and
the Islamabad Bar Council as the case may be] constitute one or more Tribunals
each consisting of two of its members elected by it for the purpose and a Judge
of the High Court nominated by the Chief Justice of that Court, who shall be
the Chairman.
43. Procedure in
inquiries.- (1) In
inquiries relating to conduct of advocates, the Tribunal shall, except as
hereinafter provided, follow such procedure as may be prescribed.
(2) The tribunal shall fix
a date for the hearing of the case and shall cause notice of the day so fixed
to be given to the complainant, to the advocate concerned and to the
Advocate-General of the Province 1[or
Islamabad Capital Territory as the case may be] and shall afford to the
complainant, the advocate concerned and the Advocate General an opportunity of
leading evidence, if any, and of being heard before orders are passed in the
case.
(3) The Chairman of the
Tribunal may empower one of the members of the Tribunal to consider and decide
preliminary issues and to record evidence.
(4) The Tribunal may, where
it considers it necessary so to do, require the person making a complaint,
except where the complaint has been made by a Court, to deposit with the
Tribunal, as security for costs, such sum as it may specify.
(5) On completion of the
inquiry, the Tribunal may either dismiss the complaint or, where the complaint
referred to the Tribunal was made at the motion of a Bar Council, direct
1Ins. by Act V of 2014.
2 Added by Act VI of 2015.
that the proceedings be filed; or it may make an order imposing
any of the penalties referred to in sub-section (1) of section 41.
(6) Where the Tribunal
makes an order for the suspension of an advocate from practice, it shall
specify the period of suspension, and for that period the advocate shall be
debarred from practising in any Court or before any authority or person in
(7) The Tribunal may, of
its own motion or on application made to it in this behalf, review any order
passed under sub-section (5) and maintain, vary or rescind the same, as it
thinks fit.
(8) When any advocate is
punished under section 41, the same shall be entered against his name in the
Provincial roll or, as the case may be, the roll of advocates of the Supreme
Court maintained by the Pakistan Bar Council, and the common roll, and when an
advocate is removed from practice his name shall forthwith be struck off the
roll; and the certificate of any advocate so suspended or removed shall be
recalled.
44. Order as to costs.- (1) A Disciplinary Committee and a
Tribunal may make such order as to costs of proceedings before it as it may
deem fit; and where the Committee or, as the case may be, the Tribunal is of
the opinion that a complaint made against an advocate is false and vexatious,
it may, without prejudice to any other remedy available to the advocate, impose
upon the complainant such compensatory costs as may be deemed reasonable:---
Provided that no order
under the sub-section shall be made against a Court or the presiding officer of
a Court or a Bar Council.
(2) The Tribunal may on an
application made to it in this behalf within the prescribed period, revise any
order passed by a Disciplinary Committee under sub-section (1) or, of its own
motion or on application so made, review any order passed by the Tribunal under
that sub-section and may, in either case, maintain, vary or rescind the same,
as it thinks fit.
(3) Subject to sub-section
(2), every order of the Disciplinary Committee or the Tribunal under sub-section
(1) shall be executable,---
(a) if the Committee is appointed, or the
Tribunal is constituted, by the Pakistan Bar Council, as if it were an order of
the Supreme Court; and
(b) if the Committee is appointed, or the
Tribunal is constituted, by a Provincial Bar Council, 1[or
Islamabad Bar Council] as if it were an order of the High Court.
45. Powers of the
Tribunal and Disciplinary Committee in inquiries.-(1) For the purposes of any such inquiry
as aforesaid, a disciplinary committee and a Tribunal shall have the same
powers as are vested in a Court under the Code of Civil Procedure, 1908 (Act V
of 1908), in respect of the following matters, namely,---
(a) enforcing the attendance of any person,
(b) compelling the production of documents, and
(c) issuing commissions for the examination of witnesses:---
Provided that the
disciplinary committee or the Tribunal shall not have power to require the
attendance of the presiding officer of any civil or
1 Ins. by Act V of 2014.
criminal Court save with the previous sanction of the High Court
or, in the case of the presiding officer of a
(2) Every such inquiry
shall be deemed to be a judicial proceeding within the meaning of Sections 193
and 228 of the Pakistan Penal Code (Act XLV of 1860); and a disciplinary
committee and a Tribunal shall be deemed to be a Civil Court for the purpose of
Section 480 and 482 of the Code of Criminal Procedure, 1898 (Act V of 1898).
(3) For the purpose of
enforcing the attendance of any person or of compelling the production of
documents or issuing commissions-
(a) the local limits of the jurisdiction of a
disciplinary committee and a Tribunal shall be those of the jurisdiction of the
Bar Council by which the Committee has been appointed or, as the case may be,
the Tribunal has been constituted; and
(b) a disciplinary committee and a Tribunal
may send to any civil Court having jurisdiction in the place where the
Committee or, as the case may be, the Tribunal is sitting, any summons or other
process for the attendance of a witness or the production of a document
required by the Committee or Tribunal, or any commission which it desires to
issue, and the civil Court shall serve such process or issue such commission,
as the case may be, and may enforce any such process for attendance or
production before itself.
(4) Proceedings before a
disciplinary committee or a Tribunal in any such inquiry shall be deemed to be
civil proceedings for the purposes of Article 15 of Qanoon-e- Shahadat, 1984
(P.O. No. 10 of 1984) and the provisions of that Article shall apply
accordingly.
46. Disciplinary Powers
of the Pakistan Bar Council.-(1) Notwithstanding anything contained in this Chapter, the
disciplinary committee of the Pakistan Bar Council may, of its own motion,
withdraw for inquiry before itself any proceedings for disciplinary action
against any advocate pending before a Provincial Bar Council 1[or
Islamabad Bar Council] or a disciplinary committee thereof and dispose of the
same.
(2) In disposing of any
case under this section, the disciplinary committee of the Pakistan Bar council
shall observe, so far as may be, the procedure laid down in section 43, the
reference to the “Advocate-General” in that section being construed as
reference to the “Attorney-General for Pakistan”.
(3) In disposing of any
case under this section, the disciplinary committee of the Pakistan Bar Council
may make any order, which the Tribunal can make under Section 43, and the
Tribunal shall give effect to any such order.
Provided that every order
passed hereinabove shall be subject to the approval of the
1[46. Execution of an order of a Bar
Council, a Committee or a Tribunal.___ Subject to the provisions of this Act and
the rules made thereunder every order of a Bar Council, a Committee or a
Tribunal shall be executable as order of a
47. Appeal to the
1Ins. by Act V of 2014.
Provincial Tribunal under
section 43 may, within sixty days from the date on which the order is
communicated to him, prefer an appeal to the Pakistan Bar Council.
(2) Every such appeal shall
be heard by the disciplinary committee of the
48. Appeal to the
Supreme Court. Any
person aggrieved by an order made by the disciplinary committee of the Pakistan
Bar Council under sub-section (3) of section 46 or sub-section (2) of section
47 or a final order of a Tribunal of the Pakistan Bar Council, may, within
sixty days from the date on which the order is communicated to him, prefer an
appeal to the Supreme Court which may pass such order thereon as it may deem
fit.
49. Application of
sections 5 and 12 of the Limitation Act, 1908. - The provisions of sections 5 and 12 of
the Limitation Act, 1908 (Act IX of 1908), shall, so far as may be, apply to
appeals made under section 47 or section 48.
50. Stay of order. An appeal made under section 47 or section
48 shall not operate as a stay of the order appealed against but the
disciplinary committee of the Pakistan Bar Council or the Supreme Court, as the
case may be, may, for sufficient cause, direct the stay of such order on such
terms and conditions as it may deem fit.
51. Powers of the disciplinary
committee. The
disciplinary committee of the Pakistan Bar Council shall have the same powers
as are vested in a Tribunal by section 45 and that section shall apply to the
disciplinary committee, the reference to the “Tribunal” in that section being
construed as a reference to the “disciplinary committee of the Pakistan Bar
Council”.
1* * * * * * *
53. Review of the order
by disciplinary committee. The disciplinary committee of the
54. Power of Supreme
Court and High Court to suspend advocates from practice.-(1) The Supreme Court or a High Court
may, while making a complaint under sub-section (2) of section 41 against an
advocate, make an order for the suspension of the advocate from practice for a
period of three months if, after hearing such advocate, the Court is of the
opinion that he has committed an act of grave indiscipline in the view of the
Court or grave professional misconduct in relation to any proceeding before it,
and his immediate suspension is in relation to any proceeding before it, and
his immediate suspension is expedient or necessary in the interest of
administration of justice.
2[(1A) The Bar Council concerned on receipt
of a complaint from the Court under sub-section (1) shall ensure that it is
decided within a period of three months by its disciplinary committee and the
Tribunal, in case the complaint has been referred to the Tribunal.”.
(2) On a complaint made to
it against an advocate by a Court subordinate to it, the
High Court may:---
1Omitted by Act V of 2014.
2 Ins by Act VI of 2015.
(a) make an order under sub-section (1) in respect of such
advocate if, after hearing him, it is of the opinion that he has committed
grave professional or other misconduct in relation to any proceeding before
such subordinate Court, and his immediate suspension, pending the proceedings
before the Bar Council, is expedient or necessary in the public interest and
forward the complaint to the Provincial Bar Council1[or
Islamabad Bar Council] for action in accordance with section 41; or
(b) without making any order under sub-section (1), forward the
complaint to the Provincial Bar Council for action in accordance with section
41; or
(c) direct that no further action need be
taken in respect of the complaint”.].
CHAPTER VIII RULES
55. Power of Pakistan
Bar Council to make rules. The Pakistan Bar Council may, by notification in the official
Gazette, make rules2 to provide for—
(a) the manner in which the election of members of a 3*
Bar Council shall be held and the manner in which results of election shall be
published;
(b) the manner in which the election of the Vice-Chairman of a Bar
Council shall be held;
(c) the manner in which and the authority by
which doubts and disputes as to the validity of an election to 4[a
Bar Council] or to the office of the Vice- Chairman of a Bar Council shall be
finally decided;
(d) the powers and duties of the Chairman and Vice-Chairman of a
Bar Council;
(e) the summoning and holding of meetings of the Pakistan Bar
Council, the times and places where such meetings are to be held, the conduct
of business thereat and the number of members necessary to constitute a quorum;
(f) the constitution and functions of any committee of the
Pakistan Bar Council and the term of office of the members of any such
committee;
1 Ins. by Act V of 2014.
2 The Pakistan Legal Practitioners and Bar
Councils Rules, 1976, vide S.R.O. No. 476(I)/76, dated 21-5-1977, see Gaz. of
P., 1976, Ext., (Islamabad), Pt II, pp. 901—937; and for the Pakistan Bar
Council Employees Services rules, vide S.R.O, No. 1000(I)/76, dated 10-9-76,
ibid., pp. 1983—88.
3 The word "Provincial" omitted
by the Legal Practitioners and Bar Councils (Amdt.) Act, 1973 (36 of 1973), s. 4.
4 Subs, ibid., for "the Provincial
Bar Council".
(g) the summoning and holding of meetings of such committees,
the conduct of business thereat and the number of members necessary to
constitute a quorum;
(h) the qualifications and terms and conditions of service of
staff to be employed by the Pakistan Bar Council;
(i) matters pertaining to management,
administration, utilization and investment of the fund of the Pakistan Bar
Council;
(j) the constitution of separate funds for special purposes by
the Pakistan Bar Council;
(k) the maintenance of books of accounts and other books by the
Pakistan Bar Council;
(l) the appointment of auditor and the audit of the accounts of
the Pakistan Bar Council;
1[(m) the form and manner in which applications
for admission as an advocate of the Supreme Court are to be made and the manner
in which such applications are to be disposed of;]
(n) the fee payable for enrolment or in
respect of any other matter under this Act, and the instalments, if any, in
which such fee may be paid;
(o) the forms in which a certificate of enrolment shall be given
to a person enrolled as an advocate or an advocate of the High Court '[or an
advocate of the Supreme Court];
(p) the standards of professional conduct and etiquette to be
observed by advocates;
(q) the standards of legal education to be observed
by universities in
(r) the circumstances in which and the
conditions subject to which nationals of any foreign country may be admitted as
advocates and foreign qualifications may be recognised for purposes of their
admission;
2[(s) the procedure to be followed by Tribunals constituted
by the Pakistan Bar Council in inquiries relating to the conduct of an
advocate;]
1Ins. by the Legal Practitioners and Bar
Councils (Amdt.) Act, 1987 (8 of 1987), s. 16, This clause had been amended by
the Legal Practitioners and Bar Councils (Amdt.) Ordinance, 1985 (16 of 1985).
s. 14, to read as above.
2Ins. by Ord. VIII of 08, s. 9 (valid up
to 3-3-09)
(t) the general principles for guidance of the Provincial Bar
Councils 2[;].
3[(u) the forming, recognition, derecognition and functioning
of a Supreme Court Bar Association or any Bar Association at the national
level:]
Provided that no rules made
with reference to clause (r) shall have effect unless they have been approved
by the Federal Government 4[:]
5[Provided further that, for holding the
first elections to the Bar Councils to be constituted under this Act, rules
with reference to clauses (a), (b) and (c) shall be made by the Federal
Government and notified in the official Gazette.]
56. Power of Provincial
Bar Council to make rules. 6[A]
Provincial Bar Council may, by notification in the official Gazette, make rules
to provide for—
(a) the summoning and holding of meetings of the Bar Council,
the times and places where such meetings are to be held, the conduct of
business thereat and the number of members necessary to constitute a quorum;
(b) the constitution and functions of any committee of the Bar
Council and the term of office of the members of any such committee;
(c) the summoning and holding of meetings of the committees of
the Bar Council, the conduct of business thereat and the number of members
necessary to constitute a quorum;
(d) qualifications and terms and conditions of service of staff
to be employed by the Bar Council;
(e) the matters pertaining to management,
administration, utilization and investment of the fund of the Bar Council;
(f) the constitution of separate funds for
special purposes by the Bar Council;
(g) the maintenance of books of accounts and other books by the
Bar Council;
(h) the appointment of auditors and the audit of the accounts of
the Bar Council;
(i) the course of practical training in law
and the examination to be passed after such training for admission as an
advocate;
1Subs, by the Legal Practitioners and Bar
Councils (Amdt.) Ord. 1978 (40 of
1978), s. 12. for the colon.
2 New clause (u) ins. ibid., has been
subs, by Ord. 17 of 1982, s. 22.
3Subs. by the Legal Practitioners and Bar
Councils (Amdt.) Act, 1973 (36 of 1973), s. 4, for full-stop.
4Proviso added ibid., s. 4.
5Subs, by the Legal Practitioners and Bar
Councils (Amdt.) Act. 1987 (8 of 1987), s. 17 for certain words which were
previously subs, by Ord. 17 of 1982, s. 23, for "A".
(j) the form and manner in which applications for admission as
an advocate or an advocate, of the High Court are to be made and the manner in
which such applications are to be disposed of;
(k) the conditions subject to which a person may be admitted as an
advocate or an advocate of the High Court;
1[“(l) the
procedure to be followed by a Tribunal constituted by the Bar Council in
inquiries relating to the conduct of an advocate;]
(m) the forming and regulation of firms of
lawyers either throughout the Province or any specified part thereof;
2[(ma) the forming and regulation of firms of
lawyers in
(n) the recognition 3[,
derecognition] and functioning of Bar Associations.
CHAPTER IX MISCELLANEOUS
57. Grants to Bar
Council. The Federal
Government, in the case of the Pakistan Bar Council, and the Provincial
Government, in the case of a Provincial Bar Council, may make such grants in
aid of the funds of the Bar Council as it may deem fit, having regard to the
total number of advocates on the roll of the Council.
58. Penalty for illegal
practice.—4[“(1)
Any person who is not an advocate and practices the profession of law or any
person who is not entitled under this Act to practice in the Supreme Court, a
High Court or any other Court or Tribunal subordinate thereto practices before
the said Court or Tribunal shall be punished with imprisonment for a term which
may extend to three years, or with fine upto fifty thousands rupees, or with
both.]
(2) Any advocate who
practises the profession of law, or acts or appears as agent for any other
person, while he is suspended from practice shall be punished with imprisonment
for a term which may extend to one year, or with fine, or with both.
59. Power to frame and
publish lists of touts.—(1)
Every High Court, District Judge, Sessions Judge, District Magistrate and every
Revenue-officer, not being below the rank of a Collector of a district (each as
regards their or his own Court and the courts, if any, subordinate thereto),
may frame and publish lists of persons proved, to their or his satisfaction, or
to the satisfaction of any subordinate court as provided in sub-section (3), by
evidence of general repute or otherwise, to habitually act as touts, and may,
from time to time, alter and amend such lists.
Explanation.—The passing of a resolution, declaring
any person to be or not to be a tout, by a majority of the members present at a
meeting, specially convened for the purpose, of an association of persons
entitled to practise the profession of law in any court or revenue-office,
shall be prima facie evidence of the general repute of such
person and of the fact that he is, or is not, a tout.
1Ins. by Ord. VIII of 08, s. 10 (valid up
to 3-3-09)
2Ins. by Act V of 2014.
3Ins. by the Legal Practitioners and Bar
Councils (Amdt.) Ordinance, 1982 (17 of 1982), s. 23.
4Subs. by Act XII of 05, s. 28.
(2) No person's name shall
be included in any such list until he shall have had an opportunity of showing
cause against such inclusion.
(3) Any authority empowered
under sub-section (1) to frame and publish a list of touts may send to any
court subordinate to such authority the names of any persons alleged or
suspected to be touts, and order that court to hold an inquiry in regard to
such persons; and the subordinate court shall thereupon hold an inquiry into
the conduct of such persons and, after giving each such person an opportunity
of showing cause as provided in subsection (2), shall report to the authority
which has ordered the inquiry the name of each such person who has been proved
to the satisfaction of the subordinate court to be a tout; and that authority
may include the name of any such person in the list of touts framed and
published by that authority:
Provided that such
authority shall hear any such person who, before his name is so included,
appears before it and desires lo be heard.
(4) A copy of every such
list shall be kept hung up in every court to which the same relates.
(5) The court or Judge may,
by general or special order, exclude from the precincts of the court any person
whose name is included in any such list.
(6) Any person who acts as
a tout whilst his name is included in any such list shall be punishable with
imprisonment which may extend to three years, or with fine, or with both.
Explanation.—Any person ordered to be excluded from
the precincts of a court under the provisions of sub-section (5), if found on
such precincts while such order is in force, shall be deemed, unless the
contrary be proved, to be at such precincts for the purposes of acting as a
tout.
1* * * * * * *
(8) An offence under
sub-section (6) shall be non-bailable:
2* * * * * * *
3* * * * * * *
59B. Removal from Bar
Association.—(1) An
advocate who has once been admitted as a member of a Bar Association shall not
be [expelled or removed]4 from
such membership except on the ground that he has either incurred any of the
disqualifications for the membership of a Bar Council under this Act or been in
default in paying the fees of the Bar Association for a period of not less than
twelve months:
1Sub-section (7) omitted by the Legal
Practitioners and Bar Councils (Amdt.) Ordinance, 1978 (40 of 1978), s. 13.
2Proviso omitted by the Legal
Practitioners and Bar Councils (Amdt.) Ordinance, 1982 (17 of 1982), s. 24.
3Section 59 A ins. ibid, s. 25, has been
omitted by 8 of 1987, s. 19.
4Subs. by Ord. LXIX of 07, s. 11.
Provided that the
membership of an advocate who is removed on the ground of his having been in
such default shall stand restored if he pays up the fees due within sixty days
of such removal 1[:]
1[“Provided further that no member of a Bar
Association shall be expelled or removed form membership by any Bar Association
without giving him opportunity of being heard 2[*
* *].
3* * * * * * *
60. Power of the High
Court relating to remuneration of advocates. The High Court shall from time to time fix
and regulate the fees payable by any party in respect of the fees of his
adversary's advocate in all proceedings in such High Court and in the courts
subordinate to such High Court.
61. Group Insurance.—(1) The Pakistan Bar Council may from
time to time arrange for the insurance of the life of such advocates of the
Supreme Court who are borne on its roll as have not attained the age of
sixty-five years, and a Provincial Bar Council may like-wise
arrange for the insurance of the life of such advocates borne on its rolls as
have not attained the age of sixty-two years, and for such period as it deems
fit.
(2) Where any such
arrangement as has been referred to in sub-section (1) has been made by a Bar
Council—
(a) it shall establish a separate Group Insurance Fund which
shall vest in and be administered by the Bar Council;
(b) every advocate whose life has been insured under such
arrangement shall pay to the Bar Council, annually, monthly or at such other
intervals as may be prescribed, such sum of money as the premium for the
insurance of his life, as may be determined by the Bar Council;
(c) all sums received as premia under clause
(b) and any interest or profit accruing thereon shall be credited into the Group
Insurance Fund of the Bar Council;
(d) all expenses incurred by the Bar Council on the arrangements
with an Insurance Company or other insurer and on the administration of the
Group Insurance Fund shall be defrayed from such Fund; and
(e) any sums remaining in such Fund after defraying the expense
referred to in clause (d) may be utilized for such purposes connected with the
welfare of advocates as may be prescribed.
(3) The provisions of
sub-section (4) of section 34 shall apply to the insurance premia required to
be paid under clause (d) of subsection (2), as if such premia were an annual
fee or instalment of a fee payable under that section.
1Subs. and added by Ord. LXIX of 07, s.
11.
2Omitted by Ord. VIII of 08, s. 11 (valid
up to 3-3-09).
3Sub section (2) omitted by the Legal
Practitioners and Bar Councils (Amdt.) Act, 1987 (8 of 1987) s.19.
62. Benevolent Fund.—(1) A Bar Council may establish a fund to
be called the Advocates Benevolent Fund.
(2) Where a Bar Council
establishes a Benevolent Fund—
(a) if it be the Pakistan Bar Council, 1[or
Islamabad Bar Council, as the case may be] every advocate of the Supreme
Court 2[borne
on its roll], and if it be a Provincial Bar Council, every advocate borne on
its rolls, shall pay to the Benevolent Fund, annually, monthly or at such other
intervals as may be prescribed, such amount as his contribution to the Fund as
may be determined by the Bar Council;
(b) the moneys credited into the Fund shall be kept in such bank
as may be prescribed;
(c) the Fund shall be utilized, in such manner as may be
prescribed by the Bar Council, for-
(i) the relief of advocates and their
families;
(ii) giving financial relief to the families of
deceased advocates;
(iii) making grants to advocates on special
occasions; and
(iv) defraying expenditure in respect of the
management of the Fund.
(3) The provisions of
sub-section (4) of section 34 shall apply to contributions required to be made
to the Benevolent Fund under clause (a) of sub-section (2) as if such
contributions were an annual fee or instalment of fee payable under that
section.
3[“(4) An advocate shall not exercise the
rights and privileges under this Act without making payment of the dues to the
Pakistan Bar Council or a Provincial Bar Council as may be prescribed by the
Rules or Bye-laws of such Bar Council.
(5) Every advocate shall be
liable to pay contributions to the Benevolent Fund under this section and the
Rules made thereunder to the Provincial Bar Council concerned notwithstanding
his enrolment as an advocate or advocate-on-record of the Supreme Court of
Pakistan.”]
63. Validation.—(1) Notwithstanding the constitution of
new Provinces and the establishment of new High Courts by or under the Province
of West Pakistan (Dissolution) Order, 1970 (P.O. No. 1 of 1970), or any law,
judgement, order or decree of a Court—
(a) any powers exercised or functions and
duties performed or undertaken by the Pakistan Bar Council or the West Pakistan
Bar Council constituted under the Legal Practitioners and Bar Councils Act,
1965 (III of 1965)or by any committee thereof, or Tribunal appointed by it, in
accordance with the provisions of the said Act, shall always be deemed to have
been validly exercised, performed or undertaken; and
1Ins. by Act V of 2014.
2Ins. by the Legal Practitioners and Bar
Councils (Amdt.) Act, 1987 (8 of 1987), s. 20. This clause had previously been
amended by the Legal Practitioners and Bar Councils (Amdt.) Ordinance, 1985 (16
of 1985), s. 15, to read as above.
3Added by Act XII of 05, s. 29.
(b) no action, proceeding, decision, order or finding of such
Bar Council, committee or Tribunal shall be called in question before any Court
or other authority, only on the ground of the dissolution of the Province of
West Pakistan, the constitution of new Provinces in its place or the
establishment of new High Courts in the place of the High Court of West
Pakistan.
64. [Repeal.] Omitted by the Federal
Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 andSch.,
II.
65. [Continuance of existing Bar
Councils.] Omitted by the Federal Laws (Revision and Declaration) Ordinance,
1981 (XXVlI of 1981), s. 3 and Sch., II.
66. [Dissolution of existing Bar
Councils, etc.] Omitted by the Federal Laws (Revision and Declaration)
Ordinance, 1981 (XXVII of 1981), s. 3 and Sch., II.
67. Continuance in
service of the employees of the
68. Savings.—(1) Nothing in this Act shall apply to
mukhtars and revenue agents and every mukhtar and revenue agent practising as
such immediately before the commencement of this Act shall continue to enjoy
the same rights as respects practice in any Court or revenue office or before
any authority or person as he enjoyed; and be subject to the disciplinary
jurisdiction of the same authority to which he was subject, immediately before
such commencement, and the provisions of the Legal Practitioners Act, 1879
(XVIII of 1879), or other law shall have effect in relation to such persons as
if they had not been repealed by the said Act.
1[SCHEDULE
[See Section
5(2) (b)]
Punjab Bar Council:
Group of Districts-I
Name of District Seats
(1) Bahawal Nagar … 01
(2) Bahawalpur … 03
(3) Rahim Yar Khan … 02
1Omitted and added by Act XII of 05, s.
30.
Group of Districts-II
Name of District Seats
(1) Dera Ghazi Khan … 01
(2) Layah … 01
(3) Muzaffargarh … 02
(4) Rajanpur … 01
Group of Districts-III
Name of District Seats
(1) Khanewal … 02
(2) Lodhran … 01
(3)
(4) Pakpattan … 01
(5) Sahiwal … 02
(6) Vehari … 02
Group of Districts-IV
Name of District Seats
(1)
(2) Jhang … 02
(3) Toba Tek Singh … 01
Group of Districts-V
Name of District Seats
(1) Attock … 01
(2) Chakwal … 01
(3)
(4) Jhelum … 01
(5)
Group of Districts-VI
Name of District Seats
(1) Bhakkar … 01
(2) Khushab … 01
(3) Mianwali … 01
(4)
Group of Districts-VII
Name of District Seats
(1) Gujranwala … 03
(2) Gujrat … 02
(3) Hafizabad … 01
(4) Mandi Bahauddin … 01
(5) Narowal … 01
(6) Sialkot … 02
Group of Districts-VIII
Name of District Seats
(1) Kasur … 02
(2)
(3) Okara … 02
(4) Sheikhupura … 02
Sindh Bar Council:
Group of Districts-I
Name of District Seats
(1)
(2)
(3)
(4)
(5) Malir …. 01
Group of Districts-II
Name of District Seats
(1) Badin + Thatta …. 01
(2) Dadu …. 01
(3)
Group of Districts-III
Name of District Seats
(1) Sukkur …. 02
(2) Ghotki …. 01
(3) Khairpur …. 01
(4) Naushero Feroze …. 01
(5) Nawab Shah …. 01
Group of Districts-IV
Name of District Seats
(1) Jaccobabad …. 01
(2) Larkana …. 02
(3) Shikarpur …. 01
Group of Districts-V
Name of District Seats
(1) Mirpur Khas …. 01
(2) Sanghar …. 01
N.W.F.P. Bar Council
Group of Districts-I
Name of District Seats
(1)
(2) Charsada …. 01
(3) Nowshera …. 01
Group of Districts-II
Name of District Seats
(1) Mardan …. 02
(2) Swabi …. 01
Group of Districts-III
Name of District Seats
(1) Kohat + Hangu …. 01
(2) Karak …. 01
Group of Districts-IV
Name of District Seats
(1) D.I. Khan + Tank …. 02
(2) Bannu …. 01
(3) Lakki Marwat …. 01
Group of Districts-V
Name of District Seats
(1) Haripur …. 01
(2) Abbottabad …. 02
(3) Mansehra + Balakot …. 02
Group of Districts-VI
Name of District Seats
(1) Mingora (Swat) …. 01
(2) Shangla (Alipur)+ Kohistan …. 01
(3) Daggar (Baner) +Malakand at Batkhela 01
(4) Timargara (Dir)+ Dir Bala …. 01
(5) Chitral …. 01
Balochistan Bar Council
Group of Districts-I
Name of District Seats
Khuzdar +Mustong +Kalat …. 04
Group of Districts-II
Name of District Seats
Kech + Panjgor + Gwadar +
Lasbella + Kharan + Awaran …. 01
Group of Districts-III
Name of District Seats
Sibbi + Bolan + Nasirabad +
Jaffarabad + Jhalmagsi + Kohlo +
Dera-Bugti …. 01
Group of Districts-IV
Name of District Seats
Zhob + Loralai + Musakhel +
Barkhan + Ziarat + Killa Saifullah +
Killa Abdullah + Pashin …. 01
69. [Removal
of difficulties.] Omitted by the Federal Laws (Revision and Declaration)
Ordinance. 1981 (XXVIIof1981), s. 3. and Sch., II.
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